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DPDP Act 2023 · s. 12 · Ch. IIIUpcoming · 13 May 2027

Right to correction and erasure of personal data

Status
Upcoming
Applies from
13 May 2027G.S.R. 843(E)
Penalty
Up to Rs 50 croreSchedule, item 7
Binds
Every Data Fiduciary, for each Data Principal

In plain English

A person can ask for their personal data to be corrected, completed or updated, and to be erased when it is no longer needed for the purpose it was collected for, unless a law requires it to be kept. The Data Fiduciary must correct inaccurate or misleading data, complete incomplete data and erase data when asked, within the limits of other laws.

What you must do

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Gazette text · s. 12A Data Principal shall have the right to correction, completion, updating and erasure of her personal data for the processing of which she has previously given consent, including consent as referred to in clause (a) of section 7, in accordance with any requirement or procedure under any law for the time being in force.
  1. (1)
    A Data Principal shall have the right to correction, completion, updating and erasure of her personal data for the processing of which she has previously given consent, including consent as referred to in clause (a) of section 7, in accordance with any requirement or procedure under any law for the time being in force.
  2. (2)
    A Data Fiduciary shall, upon receiving a request for correction, completion or updating from a Data Principal,—
    1. (a)
      correct the inaccurate or misleading personal data;
    2. (b)
      complete the incomplete personal data; and
    3. (c)
      update the personal data.
  3. (3)
    A Data Principal shall make a request in such manner as may be prescribed to the Data Fiduciary for erasure of her personal data, and upon receipt of such a request, the Data Fiduciary shall erase her personal data unless retention of the same is necessary for the specified purpose or for compliance with any law for the time being in force.

Source: Gazette of India, Act No. 22 of 2023, 11 Aug 2023 (MeitY copy)

Sources: Gazette of India, Act No. 22 of 2023, 11 Aug 2023 (MeitY copy); DPDP Act 2023, s. 12 · Change log